Cases
Ongoing Cases
(The following is a selection of our cases)
Smith et al. v. Attorney General of Canada et
al.
Ashley Smith was a 19 year old who died in custody at Grand
Valley Federal Institution. The conditions of Ashley’s detention were deplorable
and dehumanizing. Falconer Charney LLP represents the Smith Family in their
lawsuit against the Canadian government and others seeking to hold those
individuals responsible for Ashley’s preventable death accountable.
Court Documents
Civil Action
Dismissal and
Costs Order. December 7, 2010
Smith Family
Factum, November 26, 2010
Court endorsement concerning release of the Crown Brief (R. v
Eves, Burnett, McDonald and Phibbs) (November 22, 2010)
Amended Statement of Claim. (November 18, 2010)
Court endorsement concerning document production (November 10,
2010)
Attorney General of Canada's Notice of Motion, May 26,
2010
Court endorsement concerning document production (April 6,
2010)
Inquest-Coroner's Court
Notice of Application to appeal Coroner's Ruling. Issued March
31, 2011
Coroner's Ruling on Joliette videos. Mach 28, 2011
Factum of Falconer
Charney LLP. March 3, 2011
Affidavit of Kim Pate-
CAEFS. February 28, 2011
Coroner rules to expand scope of Inquest
Smith Family's written submissions on Motion to Expand the Scope
of the Inquest (October 15, 2010)
Smith Family's Notice of Motion to Expand the Scope of the Inquest
(May 19, 2010)
In the News
Why is coroner's office ignoring crucial evidence in teen's
suicide? March 31, 2011
Ashley Smith’s family challenges coroner’s ruling. March 29,
2011
Ashley Smith's family wants drugging tapes shown. March 29,
2011
Press Advisory of Falconer Charney LLP. March 29, 2011
"Coroner rejects Ashley Smith drugging tapes." March 28,
2011
"Coroner rejects bid for inquest to see Ashley Smith prison
tapes." March 28, 2011
"Coroner excludes Smith drugging video for inquest." March 28,
2011
"Quebec prison video not relevant to inquest into Ashley Smith." March 16, 2011
"All evidence must be presented." March 3, 2011
"Ashley Smith inquest set to start in April, could last until
2012." January 11, 2011
"Kudos to Ashley's Lawyers." November 22, 2010
"Ashley Smith Inquest broadened." November 12, 2010
"Ashley Smith's requests for help ignored." November 12,
2010
"Coroner plans detailed inquiry into Ashley Smith's death." November 11, 2010
"Girl's death shows problems in Corrections." November 8,
2010
"Ashley Smith's family wants RCMP probe." November 2, 2010
"Ashley tortured-lawyer." November 2, 2010
"Family calls for RCMP to probe Ashley Smith prison death." November 2, 2010
"Ashley Smith's sedations in custody unwarranted - report." November 1, 2010
"Correctional service 'suffers from corruption,' Ashley Smith
hearing told." November 1, 2010
"Lawyers argue for broader scope in Ashley Smith death
Inquest." November 1, 2010
"Ashley Smith's death was an accident, not suicide, report
says." October 29, 2010
"Corrections’ officials withholding dead inmate’s records-
lawyer."
July 24, 2010
"Dead N.B. teen’s family calls for broader Inquest." January
10, 2010
"Parents sue over daughter’s jail death." October 8, 2009
Visit our firm website to read more about this case
G20: Adam Nobody
On June 26, 2010,
Adam Nobody was one of many citizens who attended at Queen’s Park, the
designated free speech zone, to peacefully assemble and protest during the G20
conference. At the Queen’s Park rally, police surrounded protestors and began
to advance upon them in an attempt to have the protestors disperse. During the
police advance, several members of the Toronto Police Service tackled Mr. Nobody
to the ground and delivered several blows to Mr. Nobody. Once detained and
handcuffed, Mr. Nobody was handed off to two plain-clothed officers who again
engaged in a further use of force. As a result of the police actions, Mr.
Nobody’s nose and cheek bone were broken. John Bridge, another citizen
attending the protest, videotaped the initial arrest of Mr. Nobody and posted it
on YouTube. The S.I.U. investigated the incident and found that the police
officers who had initially arrested Mr. Nobody used “excessive force” but were
unable to charge any of the involved officers because they were
unidentifiable. Mr. Nobody was charged with obstruct justice and assault peace
officer. Both charges were withdrawn by the Crown on October 1, 2010. At the
time of withdrawal, the Crown indicated that there were no “reasonable and
probable grounds” to arrest Mr. Nobody. To date, the Toronto Police Service has
not identified the officers depicted in the YouTube video.
Sunil Mathai and Adam Nobody on CBC News: News
Now. December 22, 2010
Sunil Mathai and
Adam Nobody on Metro Morning Show. December 22, 2010
Adam Nobody
responds to S.I.U. decision to lay charges. December 21, 2010
Julian Falconer and Adam
Nobody on CBC's radio show, The Current. December 3, 2010
Newest footage of
Mr. Nobody assault
Julian
Falconer on Metro Morning Show. November 30, 2010. November 30, 2010
Bill Blair on Metro
Morning Show. November 29, 2010
Police Chief Bill
Blair's apology
Adam Nobody and John
Bridge speak out
CBC National Video: G20 Police
Misconduct
Raw video clips of police arrest
of Adam Nobody Clip
1 | Clip 2
Affidavit of
Video Clip Author, John Bridge
Photos of fractures to face and
nose of Adam Nobody Picture
1 | Picture
2 | Picture
3 | Picture
4 | Picture
5
Transcript of Crown
withdrawing charges against Mr. Nobody. October 1, 2010
Charging
information against Mr. Nobody
In the News
"Toronto
officer charged in G20 assault." December 21, 2010
"14
officers identified in G20 takedown." December 9, 2010
"Baton-wielding officer seen in new photo." December 9,
2010
"Five officers identified in G20 beating." December 8,
2010
"S.I.U. seeks witnesses who saw police beat protester."
December 7, 2010
"Chief Blair apologizes to G20 protester at centre of YouTube
video." December 3,
2010
"S.I.U. reopens investigation into G20 arrest." November 30,
2010
"Blair blasts S.I.U. for speculating in G20 decision." November 29, 2010
"No
police charged for civilian G20 injuries: S.I.U." November 26, 2010
Visit our firm website to read more about this case
Schaeffer et al. v. Wood et al. (case currently under appeal)
Falconer Charney LLP represents the Schaeffer and Minty
families in an application against police officers involved in the death of
their family members. The application seeks judicial interpretation of various
provisions of the Police Services Act to determine whether the conduct of the
involved police officers is consistent with the Police Services Act and the
regulations passed pursuant to the Act. Notice of Appeal from the ruling of the
Divisional Court has been filed with the Court of Appeal.
Court Documents
Ruling on Costs Motion- November 25, 2010
Families' Cost Submissions
Decision
Justice Low’s decision on the Respondents’ Motion to Strike
(decision under appeal)
Notice of Appeal
Notice of Appeal, dated July 19, 2010
In the News
"Families of men killed by OPP get day in court." February 3,
2011
"Families of shooting victims saved from hefty bill." November 25, 2010
"Police seek cash from families of dead men." November 10,
2010
"S.I.U. missed key questions after man shot five times." November 4, 2010
"Police notes questioned after man fatally shot." November 3,
2010
"Court
case may affect way police take notes." May 12, 2010
"S.I.U.
calls OPP Fantino conduct illegal." May 11, 2010
"Families
push for changes to S.I.U. rules." November 5, 2009
Visit our firm website to read more about this case
Markovic et al. v. Abbott et al.
Throughout the mid-to late-1990s, criminal defense counsel
began to raise concerns that officers from a Toronto Police Service drug squad,
known as “Central Field Command”, were engaging in unlawful activities including
the theft of cash and valuables. At present, five officers from the “Schertzer
Team” are facing serious charges of alleged corrupt activities. The Falconer
Group represents the Markovics, who have brought a civil suit against a second
team from “Central Field Command” in which they allege that officers unlawfully
arrested and assaulted them, and that in the course of the execution of search
warrants the officers stole approximately $250,000 in cash and valuables from
their home, business and safety deposit boxes.
Court Documents
Amended Statement of Claim. March 17, 2010
Factum of the Plaintiff. November 9, 2009
Decision
Master Dash’s decision on Plaintiff’s motion to amend the
Statement of Claim. January 4, 2010
In the News
"Police ‘unplugged’ corruption probe, lawyer says." December
11, 2009
"Toronto Drug Officers face more corruption accusations." December 11, 2009
Visit our firm website to read more about this case
Hafeez Mohamed et al. v. The Durham Regional Police Services Board et
al.
A civil action against the Durham Regional Police dwelling from
allegations of excessive force that left Hafeez Mohamed in the Intensive Care
Unit of the St. Michael's Hospital for 57 days.
Court Documents
Statement of
Claim
In the News
"Durham police beat man bloody during arrest." November 5,
2010
Visit our firm website to read more about this case
Nishnawbe Aski Nation v. Eden
Nishnawbe Aski Nation became concerned about the way in which
the jury roll had been constituted as a result of information disclosed in the
fall of 2008 at an inquest in Kenora. The information obtained in the other
inquest indicated that Indian and Northern Affairs Canada had ceased providing
band electoral lists to the provincial jury centre in 2000 and, as a result,
First Nation people were significantly underrepresented in the Kenora jury roll.
During the Inquest into the death of Reggie Bushie, Nishnawbe Aski Nation sought
a summons to obtain evidence from the Thunder Bay sheriff to determine whether
First Nation people were adequately represented on the Thundery Bay jury roll.
The Coroner dismissed the request for a summons. Nishnawbe Aski Nation sought to
judicially review the Coroner’s decision.
Court Documents
Court of
Appeal Judgment. March 10, 2011
In the News
Julian Falconer on Ontario Today, CBC Radio- Trial Delayed
Because Jury Pool Excludes Aboriginals. March 17, 2011
NAN News
Release. March 16, 2011
NAN Seeks Answers from Attorney General on Jury Rolls. March
16, 2011
Press Advisory, Falconer Charney LLP. March 10, 2011
"Province ordered to explain why natives excluded from jury
pools." March 10, 2011
Related News
"Jury trials on hold." March 18, 2011
"Jury concern stalls
trial." March 16, 2011
"Judicial inquiry into local jury rolls ordered." March 12,
2011
Visit our firm website to read more about this case
Historical Cases
Arar et al. v. Her Majesty the Queen in Right of Canada et al.
Falconer Charney LLP represented Maher Arar and his family in
his lawsuit against the Canadian government following his illegal rendition and
torture in Syria. The case made Canadian legal history when it became the
largest human rights settlement allotted to an individual plaintiff.
Maher Arar Settlement
Announcement. January 26, 2007
Courtesy of CTV
Visit our firm website to read more about this case
Commissioner Fantino v. MacDonald and Jevons
This case is the first discipline prosecution of commissioned
officers in the history of the O.P.P. Falconer Charney LLP represented both
officers who maintained their innocence throughout. During the middle of a
contentious cross-examination of O.P.P. Commissioner Julian Fantino by Mr.
Falconer, the Commissioner brought a judicial review application on the grounds
of a reasonable apprehension of bias against the adjudicator. The application
was dismissed by both the Divisional Court and the Court of Appeal. All charges
against Superintendent MacDonald and Inspector Jevons were subsequently
withdrawn.
Court Documents
Factum of MacDonald and Jevons (Court of Appeal)
Factum Re: Fresh Evidence (Court of Appeal)
Decisions
Court of Appeal dismisses Commissioner Fantino’s appeal of
Divisional Court’s decision. November 13, 2009
Divisional Court dismisses Commissioner Fantino’s Application for
Judicial Review. March 10, 2009
Divisional Court’s decision on Appeal of Justice Wilson’s decision
December 11, 2008
Justice Wilson dismisses Commissioner Fantino’s Motion to Stay
(police disciplinary hearing). November 24, 2008
In the News
"Charges involving top cop dropped against OPP officers."
December 17, 2009
"Appeal Court orders Fantino to resume testifying at disciplinary
hearing."
November 13, 2009
"Internal hearing turns ugly for Julian Fantino." January 4,
2009
"Fantino calls allegations 'hysterical nonsense'." October 18,
2008
Visit our firm website to read more about this case
Other Notable Cases
From left to right: Maher Arar and Dr. Monia Mazigh with civil trial team, Julian Falconer (left), Ted Charney (center) and Julian Roy (right)
- Hill v. Hamilton Wentworth Police
- Odhavji Estate et al v. Woodhouse et al, [2003] 3 S.C.R. 263
- R. v. Williams, [1998] 1 S.C.R. 1128 *
- R. v. P. (M.B.), [1994] 1 S.C.R. 555
- R. v. Colarusso, [1994] 1 S.C.R. 20
- Gnanasegaram v. Allianz Insurance Co. of Canada (2005), 251 D.L.R. (4th) 340 (O.C.A.)
- Euteneier v. Lee (2005), 260 D.L.R. (4th) 123 (O.C.A.)
- R. v. Spencer (2004), 72 O.R. (3d) 47 (C.A.)
- R. v. Brown (2003), 64 O.R. (3d) 161 (C.A.) *
- Toronto (Metropolitan) Police Force v. Bromell et al, [2000] O.J. No. 1674 * [Operation True Blue]
- R. v. Budreo (2000), 46 O.R. (3d) 481 (C.A.)
- R. v. Willis (1994), 90 C.C.C. (3d) 350 (C.A.) *
- Booth v. Huxter (1994), 16 O.R. (3d) 528 (Ont. Div.)
- Black Action Defence Committee and Urban Alliance on Race Relations v. Huxter (1992), 11 O.R. (3d) 641 (Ont. Div.)
- R. v. Kruper, A.L.R.(2d), Volume 45, Part 4, September 15,1986 (Alta. Prov. Ct.) [Julian's first successful Charter challenge as a law student]
* Denotes Intervention
Notable Inquests
Quotable Quotes
“A VOICE FOR THE POWERLESS: As the son of a Jamaican father and Jewish mother, Julian Falconer knew at an early age what it was like to be an outsider. In retrospect, he was training for his present role as a civil rights lawyer.”
National Post, December 20, 2000
““I have a great deal of respect for the work police do. I'm the first one to admit I couldn't do their job. They have a right to go home to their families. The problem is, they carry a gun and they're licensed to use lethal force. Questions must be asked. It's all about accountability.””
National Post, December 20, 2000
. . . I have a six-year-old son and a 19-month old son. When my six-year-old is 16 years or 17 years of age, I will be encouraging him to engage in democratic debate. He might ask me where was I when this law [Anti-Terrorism Act] was passed that allows people to be summoned to a secret room to be asked about their religious beliefs, I want to be able to say proudly that I was trying to call the attention of the country to the problem. I think that you, with great respect, ought to be saying the same things to yourselves. This is wrong.
Excerpted Statements of Julian Falconer before the Senate Committee on the Anti-Terrorism Act (December 2001)
Excerpted Statements of Julian Falconer before the Senate Committee (December 2001) from Hansard on the Anti-Terrorism Act 38475 0930-1
UNREVISED/NON REVISE
THE SPECIAL SENATE COMMITTEE ON BILL C-36
EVIDENCE
OTTAWA, Wednesday, December 5, 2001
The Chairman: Good morning. For those who may be watching these proceedings, we are into our third day of hearings on Bill C-36, which is the legislation involving our anti-terrorist measures brought forward by the federal government pass a result of the events which occurred in the United States on September 11 . . .
Mr. Julian Falconer, Senior Counsel, Urban Alliance on Race Relations: . . . As the Senate, you are not ineffective in your work. You are not impotent to Canadian democracy. You have a role to play. That role comes to a head when legislation of this nature, legislation that is potentially more significant than any act passed in the past 50 years in this country, is being considered. I urge you to recommend to the Senate key amendments to this legislation in order to ensure that balance is its hallmark which, as we indicate at page 16 our submission, is governed by a schedule determined, in great respect, by murderers.
. . . Unfortunately, we are in a climate that is rife with panic more than reason; rife with fear, more than any other climate we have faced in decades.
. . . I ask you to consider that the Attorney General of Canada, the Honourable Anne McLellan, repeatedly noted that if we do not stop the terrorists getting on the planes, it is too late. With great respect to the Attorney General, these are not the words of rational, slow, and cautious legislative officers. These are words of panic.
She may well be right. Indeed, I think that she probably is right. However, tempering our legitimate security concerns with rational acts is key to this legislation.
. . . I ask you to consider whether it is essential that religious beliefs be on trial. It was not essential for the U.S. Patriots Act. It is not essential for any of the investigation that is have occurred to date.
. . . I ask you to re-consider this. As we get closer and closer to the abyss of this legislation becoming law, we must appreciate that it will be well nigh impossible to roll back mistakes that we make. I ask you as a committee, to take the steps necessary to protect not only the security of the country, but also the key civil liberties under which we live . . . I have a six-year-old son and a 19-month old son. When my six-year-old is 16 years or 17 years of age, I will be encouraging him to engage in democratic debate. He might ask me where was I when this law was passed that allows people to be summoned to a secret room to be asked about their religious beliefs, I want to be able to say proudly that I was trying to call the attention of the country to the problem.
I think that you, with great respect, ought to be saying the same things to yourselves. This is wrong. It is not necessary. If it is not necessary, it ought not to happen. |
